Hubbart v Rogers [1915] ZATPD 110 (11 June 1915)

Contract. - Guarantee. - lnterpretation, - Primary obligation or Suretyship.-Benefit of Excussion.-Effect of undertaking to pay on demand.

Semble : A document wherein defendant guaranteed· to plaintiff payment of certain cheques drawn by a third person in plaintiff's favour if these were n~t paid on
presentation, and undertook to pay on demand in that event, creates a primary obligation on the part of the guarantor ; but assuming contra that such document
Constituted plaintiff a surety, Held, that the undertaking to pay on demand on dishonour was a renunciation of the benefit of excussion.